Company has been taken over

[GR1FF]

Hi all, my wife's company has recently been taken over by another company, she has worked there for over 20 years, the new company wants to relocate 20 miles away, she was full time for over half her time with the company but now works 3 days a week, 9-2:30, to fit in with schools etc.
Due to the location of the new premises, she would nearly an hours travelling on each end of the day. Which wouldn't work with kids etc.

The company are a bit cagey about what they are offering job wise, asking what she wants to do, rather than what they want her to do!
They had a meeting with one of her colleagues, saying she could bring a work colleague or a union rep, she asked if she could record the conversation rather than take notes, they said No, stating it made them feel uncomfortable.
She doesn't feel the job will work for her anymore.
Can anyone advise what's the best way to proceed.
Thanks in advance.

[mariefab]

Re: Company has been taken over

Does your wife have a mobility clause in her contract? i.e. A written clause stating that she can be required to work at other locations.

[GR1FF]

Re: Company has been taken over

Can't say for sure, but would think no, she has worked in the same location for her whole employment

[Openlaw15]

Re: Company has been taken over

Can't say for sure, but would think no, she has worked in the same location for her whole employment

If it is a large company it will generally have a mobility clause but may not be worded as such to cover the company against any liability.

[GR1FF]

Re: Company has been taken over

So, if she checks her contract, and there is no mention of a mobility clause, she may have a case for not moving?

[mariefab]

Re: Company has been taken over

Yes, because absent a mobility clause this would be a potential redundancy.

I'd suggest that your wife should ask her employer put their proposals in writing; because it really isn't appropriate for the employer to try to put the responsibility for what happens next onto her.

If you can answer these questions it would help us to give more focused advice.
When did the new Company take over?
Do you know whether TUPE applied?
Is the decision to relocate definite?

[GR1FF]

Re: Company has been taken over

Thanks for your help so far, I will get the info asap and update

[GR1FF]

Re: Company has been taken over

The company took over in November,
My wife has a clause tags says," if requested, move from one department or location to another" worth baring in mind that the company only had one office at the time!
I believe TUPE applies, but would have to get it checked with her HR contact.

[teaboy2]

Re: Company has been taken over

Whats happening to her current office? is the new company taking that office over too our shutting it down and moving all staff to the new place of work?

[mariefab]

Re: Company has been taken over

This may seem nit-picking but just to be sure that the clause doesn't bite:

" if requested, move from one department or location to another "
Are there any other words before, or after, this ^ that tie it to the old Company?
e.g. ....within Company's name' business.

baring in mind that the company only had one office at the time!
Was there just one office during all the time she worked for the old Company?

[GR1FF]

Re: Company has been taken over

The new company is shutting the office completely, hoping to move the staff that will go.

[GR1FF]

Re: Company has been taken over

Place of work mobility
Your normal place of work is: head office
It is a condition of your employment that if requested, you will move from one department or location to another. This shall not operate without prior notification or result in any reduction in salary.
This paragraph is all that is in the contract.

[GR1FF]

Re: Company has been taken over

It is being shut down and all the staff are being relocated

[Kati]

Re: Company has been taken over

:bump: for [MENTION=26290]mariefab[/MENTION] xx

[mariefab]

Re: Company has been taken over

Despite the contractual mobility clause your wife worked at the same location for over 20 years. After such a long period at the same place she had a reasonable expectation, by conduct, that this clause would never be enforced, especially when there was only one office.
A contract of employment is much more than simply written words. Often what actually happens is more important in terms of contractual obligations.
Many such contracts are not updated over the years when changes occur. Have another look at your wife's contract.
Check: the rate of pay, the hours of work, holiday entitlement, job title, sickness pay etc.
Are all of these up to date? Or has she been given written confirmation within a month when any of the changes were made?
If not, they can't reasonably enforce the mobilty clause.

This is a potential redundancy. See Employment Rights Act s.139(1)(a)(ii) below.
http://www.legislation.gov.uk/ukpga/1996/18/section/139

The employer is obliged, if possible, to offer a suitable alternate role to employees at risk of redundancy.
Whether the offered role is suitable is a subjective test. It depends on the circumstances of the individual employee and as your wife has childcare responsibilities that would preclude her from accepting the offer of relocation she would be entitled to decline to move.